(a) The commissioner may deny any application for a permit
whenever said permit has been applied for fraudulently, the
applicant has grossly interfered with the duties of the
commissioner, or the applicant is determined to be not in
compliance with or not able to comply with this article.

(b) The commissioner may suspend a permit whenever a health
hazard exists or is believed to exist, the permit has been obtained
fraudulently, the holder has grossly interfered with the duties of
the commissioner or it is determined that the permit holder is
dishonest, deceitful, incompetent or not in compliance with or is
unable to comply with this article. Any person whose permit has
been suspended shall immediately discontinue all operations covered
under the permit. The commissioner may issue a summary suspension
in cases where violations of this article constitute a hazard to
the public health, safety or welfare or where the public interest
requires immediate action.

(1) Except for summary suspensions, the commissioner shall
give written notice to the persons affected of the pending
suspension, stating that the suspension of the permit is being
contemplated and giving reasons therefor. The suspension notice
shall appoint a time and place for hearing and shall be mailed by
certified mail to the business address of the permit holder at
least ten days before the date set for the hearing. The
commissioner shall review the evidence presented at the hearing
prior to issuing his decision.

(2) All summary suspensions shall be followed by a notice of suspension, the reasons for the suspension, and an opportunity for
a hearing in accordance with this article.

(3) At the end of the period of suspension, the permit holder
may resume operations without reapplication for a permit.

(c) The commissioner may revoke any permit issued under this
article whenever a health hazard exists, the permit has been
obtained fraudulently, the holder has grossly interfered with the
duties of the commissioner or it is determined that the holder is
dishonest, deceitful, incompetent or not in compliance with or is
unable to comply with this article. Any person whose permit has
been revoked shall immediately discontinue all operations covered
under the permit.

(1) Before revoking any permit the commissioner shall give
written notice to the persons affected, stating that the revocation
of the permit is being contemplated and giving reasons for the
revocation. The revocation notice shall appoint a time and place
for hearing and shall be mailed by certified mail to the business
address of the permit holder at least ten days before the date set
for the hearing. The commissioner shall review the evidence
presented at the hearing prior to issuing his decision.

(2) At the end of the period of revocation the permit will not
be issued without an application, payment of required fee and the
compliance with all conditions that the commissioner shall require
for the reissuing of such permit.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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